LAWS(APH)-2012-3-62

A ABDUL GHANI Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On March 13, 2012
A.ABDUL GHANI Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) One Gandluru Veera Pratap Reddy and B.V. Karunkumar Reddy, 6th and 9th respondents herein, are claimed to be the Village Revenue Officer and Sarpanch respectively of Kokatam Village of Kamalapuram Mandal in YSR District, Kadapa. Complaining that their names as well as the names of their family members' names were not restored/included in the Voters' List of Kokatam Village of Kamalapuram Mandal in YSR District, Kadapa, filed an application under Rule 6 of the Registration of Electoral Rules, 1960 (hereinafter referred to as 'the Rules') in Form-VI before the Assistant Electoral Registration Officer-cum-Tahsildar, Kamalapuram Mandal, YSR District, Kadapa, 5th respondent herein, on 25.01.2011 (Voters Day) in regard thereto. The 5th respondent after conducting an enquiry into the claim of the unofficial respondents submitted a report to the Electoral Registration Officer-cum-Revenue Divisional Officer, 249-Kamlapuram Assembly Constituency YSR District, Kadapa, 4th respondent herein, who passed an order rejecting the Form-VI application submitted by the unofficial respondents for inclusion of their names in the Voters List on the ground that they were not residing in Kokatam village. Feeling aggrieved, the unofficial respondents herein, instituted complaints before the Chief Electoral Officer and Ex-Officio Principal Secretary, Government of Andhra Pradesh, Hyderabad, the second respondent herein, who in turn requested the District Election Officer and District Collector, YSR District, Kadapa, the third respondent herein, to treat the said complaints as appeal and pass appropriate orders thereon on the basis of the enquiry report together with the material brought on record. Accordingly, the third respondent considered the said appeal and dismissed the same by his order dated 20.04.2011 passed in Ref.No.A4/401/09.

(2.) Assailing the said order dated 20.04.2011, the unofficial respondents preferred an appeal on 24.4.2011 before the second respondent. During the pendency of this appeal, the unofficial respondents knocked on the doors of this Court by way of Writ Petition No.12053 of 2011 seeking a declaration that the order dated 20.04.2011 passed by the third respondent as well as the inaction on the part of the second respondent in disposing of their appeal dated 24.04.2011 as illegal and arbitrary and consequently sought a direction to the respondents therein to restore/include their names in the Voters List of Kokatam Village and permit them to exercise their franchise in the ensuing bye-elections scheduled to be held on 08.05.2011. While admitting the said writ petition this Court, by order dated 30.04.2011 passed in WPMP No.14724 of 2011 in W.P.No.12053 of 2011, directed the first respondent therein to dispose of the appeal pending on his file on or before 05.05.2011 without fail. Pursuant thereto, keeping in mind that the notification for the bye-elections to 38-Kadapa Parliamentary Constituency was issued by the Election Commission of India and placing reliance on the Judgment of the Supreme Court in P.T.Rajan v. T.PM.Sahir, 2003 AIR(SC) 4603 as to the impediment in taking a decision on the appeal when the election process was already on, the appeal was rejected without going into the merits of the case by the second respondent by his order dated 05.05.2011 passed in proceedings No.2197/Elecs.E/A2/2011-6.

(3.) Having been dissatisfied by the said order dated 05.05.2011, the unofficial respondents filed review application/ appeal before the second respondent after the aforestated bye-elections were over. The second respondent after affording a personal hearing to produce necessary documents to substantiate their claim and considering the material brought on record before him came to the conclusion the unofficial respondents are presently the residents of Kokatam Village. Accordingly, the appeal was allowed by his order dated 24.08.2011 passed in Proceedings No.2197/ Elecs.E/A2/2011-11 directing the fourth respondent herein to accept the Form-VI submitted by the unofficial respondents herein and include their names in the appropriate part of Photo Electoral Roll of 249-Kamalapuram Assembly Constituency.